Evening News, Thu 3 Mar 1904 1
BREVITIES.
———◦———
…
At the Maitland Quarter Sessions, before Judge Fitzhardinge, William George Triggs Smith was acquitted on a charge of indecent assault.
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Depositions for William George Triggs Smith 6 Apr 1904 Maitland trial 2
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Rex v. (b) William George Triggs Smith |
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(c) Offence. |
(c) Indecent assault on a male to wit on Edwin Vincent Geale |
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(d) Town. |
Police Office, (d) Copeland |
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30th January 1904 |
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Sir, |
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I have the honor, by direction of the Bench of Magistrates, |
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to transmit herewith the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) William George Triggs Smith |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Quarter Sessions |
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to be held at (h) Maitland |
on Tuesday |
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(h) Town where Court |
the 1st day of March1904 |
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The accused is (i) granted bail but no sureties so far forthcoming |
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(i) “Is confined in the |
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(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (k) Charles Grimshaw. Edwin Vincent Geale. Accused will shortly be conveyed to Maitland gaol if bail is not offered
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil |
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I have the honor to be, |
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[Signed] W[illiam] R[ichard] N[orton] Dove, Actg PM |
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Clerk of Petty Sessions |
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The Under Secretary, |
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Department of the Attorney General and of Justice. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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[Subpoena]
EDWARD THE SEVENTH, by the Grace of
God, of the United Kingdom of Great
Britain and Ireland, and of the British
Dominions beyond the Seas, King, Defender
of the Faith, Emperor of India
New South Wales
TO WIT. }
To: Senior Constable Grimshaw of Copeland
Edwin Vincent Geale, Labourer, Rocky Glen
Greetings:–
We command you and every of you, firmly enjoining you, that laying aside all pretences and excuses whatsoever, you and every one of you be and appear in your proper persons, before Our Justices assigned to hold Pleas before us, on Wednesday the sixth day of April next, by Nine of the Clock in the forenoon of the same day, at the Circuit Court in our State of New South Wales, in the Court House, situate in Maitland there to testify the truth, and give evidence, on the part of the Prisoner, before Our said Justices, touching a certain information to be preferred against
William George Triggs Smith
in the case of Indecent assault on a male person
and that you so appear, from day to day, until the case is tried; and this you, or any, or either of you, are not to omit, under the penalty of One Hundred Pounds, to be levied upon your and every of your Goods and Chattels, Lands and Tenements, if you, or any, or either of you shall fail in the Premises.
WITNESS the Honorable Sir Frederick Darley, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Our Acting Chief Justice of Our Supreme Court of New South Wales, at Sydney, the fourteenth day of March in the year of Our Lord one thousand eight hundred and nine hundred and four.
For the Prothonotary
MJ Dunphy
Clerk of the Supreme Court.
Crown Solicitor.
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16th October 1903
Edwin Vincent Geale – labourer – Moppy [near Barrington Tops]. Know accused. I am 17 years of age, remember sleeping in bed with accused about 4 months before 22nd January last. I slept with him on more occasions than once. One morning I woke up and saw accused taking his hand away from my penis. I made a mess in the bed. It came from my penis. The mess took place before his hand away. I had just woke up.
By Prisoner – I remember you and I having a quarrel on 12th August. I don’t know how long we were out of friends. I did not sleep with you any more until the end of December.
Accused. This took place at Moppy at my father’s place.
Senior Constable Grimshaw stationed at Copeland. Know accused. I remember charging him in this case He made no reply to the charge at Moppy about 4 months ago. He made no reply to the charge. I charged him on the 30th January.
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In the Supreme Court of
New South Wales.
Criminal Jurisdiction.
The King against William George Triggs Smith
Take notice, that at the Circuit Court, to be holden at the Court House in Maitland in the State of New South Wales, on Wednesday the 6th day of April next, at 10 of the clock in the forenoon of the same day, an indictment will be then and there filed on behalf of Our Sovereign Lord the King against you, on a charge of indecent assault on a male person.
And that you will on that day, or on a subsequent day, during the said sitting of the Court, be called up to plead to the said indictment, and take your trial upon the said charge.
Dated this 14th day of March in the year of Our Lord one thousand nine hundred and four.
[Signature illegible], Crown Solicitor.
To William George Triggs Smith, Maitland Gaol.
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(M., 11 & 12 Vic., Cap. 42.)
Depositions of Witnesses.
TO WIT. }
The examination of Charles Grimshaw, Senior Constable of Copeland in the State of New South Wales, and Edwin Vincent Geale of Moppy, in the said State, taken on oath, this 30th day of January in the year of Our Lord one thousand nine hundred and four at Copeland in the State aforesaid, before the undersigned, two of His Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of William George Triggs Smith who is charged this day before us, for that he the said William George Triggs Smith, on or about the 20th day of October at Moppy in the said State, did commit an indecent assault on Edwin Vincent Geale a male person of the age of 16 years.
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This deponent Charles Grimshaw on his oath saith as follows:–
I am a Senior Constable of Police and reside at co.
While in custody on another charge I this morning charged the accused with committing an indecent assault on Edwin Vincent Geale at Moppy about 4 months ago. He mad no reply to the charge.
Accused has no questions.
[Signed] Chas Grimshaw.
Taken and sworn before us at Copeland this 30th January 1904.
[Signed] WRN Dove, Actg PM, Norman Bell, JP.
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This deponent Edwin Vincent Geale on his oath saith as follows:–
I am a labourer and reside at Rocky Glen or as it is usually called Moppy.
By Senior Constable Grimshaw: I know the accused. I live with my father Edwin Wademan Geale. I am 16½ years of age. The accused has been living in the same house. I have slept in the same bed as accused about four weeks ago about October last. The accused jerked me off in my sleep. One morning I woke up and caught him. He had hold of my penis and was jerking me off by rubbing me with his hand. He caused me to jerk off in the bed. This is the only occasion I caught him. I slept with him for two nights after this. He
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did not try anything then.
By Bench: I did not come in to court before as I did not like to own up to it. I have owned up now because of the harm it was doing me. I don’t know why accused (?) our place except he said he did not like it. I do not know of any disagreement between him and my father. I am a son-in-law of Mrs Haggarty’s.
By Accused: Do you remember soon after you came from Temora when you, Vincent Haggarty and myself were sleeping together, calling the (miss ?) Haggarty. You have since married to the Braddon and as she came in the door pulling the clothes off me showing my nakedness? I do not
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remember calling her to the door but I pulled the blankets off you.
[Signed] Edwin Geale.
Taken and sworn before us at Copeland this 30th January 1904.
[Signed] WRN Dove, Actg PM, Norman Bell, JP.
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G. 190.
New South Wales,
TO WIT. }
REX.
versus
William George Triggs Smith
Offence,— Indecent assault on a male
The accused stands committed to take his trial at the next Court of Quarter Sessions to be holden at Maitland, in the State of New South Wales, on the 1ts day of March 1904. Bail allowed the accused in £50 and two sureties in £25 each, or one in £50
[Signed] WRN Dove, Actg PM, Norman Bell
JP.
Dated at Copeland Police
Office, Copeland
in the said State,
this 30th
day of January
AD 1904.
4g 416 - 88
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Justices Act of 1902
(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Copeland
TO WIT. }
William George Triggs Smith stands charged before the undersigned, two of His Majesty’s Justices of the Peace in and for the State aforesaid, this 30th day of January in the year of Our Lord one thousand nine hundred and four for that he, the said William George Triggs Smith on about 20th day of October 1903 at Moppy, in the said State, did indecently assault Edwin Vincent Geale a male person of the age of 16½ and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by us, the said Justices, (by/or) before whom such examination has been so completed; and us, the said Justices, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promises or threat; and the said charge being read to the said William George Triggs Smith and the witnesses for the prosecution Charles Grimshaw, Edwin Vincent Geale being severally examined in his presence, the said William George Triggs Smith is now addressed by us as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said William George Triggs Smith saith as follows:– “I am not guilty and I reserve my defence.”
Taken before us, at Copeland in the said State, the day and year first above mentioned.
[Signed] WRN Dove, Actg PM, Norman Bell, JP.
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(O 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales,
TO WIT. }
Be it remembered, that on the 30th day of January in the year of Our Lord one thousand nine hundred and four Charles Grimshaw a Senior Constable of the Police Force, of Copeland in the State of New South Wales, and Edwin Vincent Geale by his father Edwin Wadman Geale of Moppy in the said State, personally came before the undersigned, one of His Majesty’s Justices of the Peace for the State of New South Wales, and acknowledged themselves to owe Our Sovereign Lord the King the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lord the King, his Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed.
Taken and acknowledged, the day and year first above mentioned, at Copeland in the said State, before me.
[Signed] WRN Dove, Actg PM.
The condition of the within written Recognizance is such, that whereas William George Triggs Smith was this day charged before WRN Dove esquire Police Magistrate and Norman Bell esquire two of His Majesty’s Justices of the Peace for the said State, with committing an indecent assault on Edwin Vincent Geale a male person of the age of 16 years.
If therefore, they the before mentioned persons shall appear at the next Court of Quarter Sessions to be holden at Maitland in and for the State of New South Wales, on the first day of March next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said William George Triggs Smith for the offence aforesaid, to the jurors who shall pass upon the trial of the said William George Triggs Smith.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] WRN Dove, Actg PM.
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[On the depositions’ cover sheet is the following]
Circuit Court
Quarter Sessions
At Maitland
On 1st March 6 April 1904
No. 99 7
Depositions.
Rex
v. No. 99
William George Triggs Smith
Indecent assault on a male person
Submitted for referral to the Solicitor General
[Initialled] WRB
4.3.04
The (?) Secretary Department of Attorney General (for ?) notice.
Committed at Copeland
on: 30 January 1904
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Court. Maitland CC AG’s No. 69
Date. 6th April 1904
Cor. Owen Ch of QS
Plea. Not Guilty
Verdict. Not Guilty
Judgment.
[Signed] JB (?), Crown Prosecutor
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Indecent assault on male person
[Signed] JH (?)
5.2.04
The jury refused to act upon the Crown (twice ?), and acquitted the accused on two similar charges (No. 98 & 100); I therefore thought it useless to proceed with this case & had the accused (?) (?) remanded to next Maitland QS or such a Court
I can not think that there is any doubt as to the accused’s guilt and I recommend the he be tried at next Maitland Circuit Court. Bail not offered by accused.
[Signed] (JPP ?)
2.3.04
Try at Maitland Circuit Court
[Signed] Hugh Pollock S[olicitor] G[eneral]
4.3.04
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Justice W Owen’s notebook 3
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Maitland April 6th ’04
Peden hands in his commission to prosecute.
Rex v William George Triggs 4 Smith – Indecent assault on a male person EV Geale.
Plea not guilty.
16th October 1903.
Edwin Vincent Geale examined by Peden. Labourer. I live at Moppy. I know accused. I am 17 years old. I slept in the same bed as accused about 4 months before 22nd January. I slept with him more than once. He jerked me off. I found him taking his hand away from my penis.
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I found a mess in the bed. It came from my penis. The mess was before he took his hand away – not many seconds before. I just woke up.
Cross-examined. We had a quarrel. I made friends again. We did not speak for a long time. I am married. The last time I slept with you was a few weeks before I got married.
Re-examined. It was at Moppy at my father’s house.
Charles Grimshaw examined by Peden. Senior Constable at Copeland. I know accused. I charged him with committing indecent assault on EV Geale at Moppy
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about 4 months ago. Prisoner said nothing. I charged him on 30th January last. The Geale’s place is 22 miles from Copeland Police Station. The accused was 10 miles from Copeland when I arrested him.
Accused addressed the Jury – quarrel with accused.
I sum up.
Jury retire 10.35
“ return 11.25.
Verdict not guilty.
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The Maitland Daily Mercury, Wed 6 Apr 1904 5
THE CIRCUIT COURT.
The April sittings of the Maitland Circuit Court opened this morning at East Maitland before his Honor Justice Owen. Mr CE Manning was the Judge’s Associate and Clerk of Arraigns. Mr CEB Maybury, the Sheriff, was present. Mr JB Peden prosecuted for the Crown, and with him was Mr Hamilton, of the Crown Solicitor’s Office. The barristers present were: Messrs R Cowan, W Tighe, JC Gannon, and R Windeyer. The solicitors at the court were: Messrs RW Thompson, JHF Waller, WA Read, JR Carlton, WJ Enright, F Hooke, and Macartney Abbott. Mr EAL Sharpe, PM., Mr DG D’Arcy (acting governor of the gaol), and Superintendent Cotter were also present.
One juror was fined £2 for non-attendance. Another was excused owing to the serious illness of his wife. The plea of business needing urgent attention was not sufficient to ensure the excuse of a third juror.
ALLEGED INDECENT ASSAULT.
William George Trigg Smith, on remand, was charged with having, at Moppy, on October 16, 1903, indecently assaulted one Edwin Vincent Geale. Accused pleaded not guilty, and challenged one juror.
The Crown Prosecutor very briefly stated the case for the Crown.
Edwin Vincent Geale gave evidence as to what had taken place. This was at his father’s residence at Moppy, about twenty-two miles from Copeland.
Senior-constable Grimshaw, of Copeland, had arrested Smith in January.
This was the case for the Crown.
Accused [William George Trigg Smith] addressed the jury, explaining the position he had held in the house of Geale’s father, and the reason why he had left. He denied altogether the charge made against him.
His Honor summed up very briefly.
The jury, after 45 minutes’ retirement, returned into court with a verdict of not guilty.
Smith was then discharged.
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The Maitland Weekly Mercury, Sat 9 Apr 1904 6
THE CIRCUIT COURT.
…
ALLEGED INDECENT ASSAULT.
William George Trigg Smith, on remand, was charged with having, at Moppy, on October 16, 1903, indecently assaulted one Edwin Vincent Geale. Accused pleaded not guilty, and challenged one juror.
The jury, after 45 minutes’ retirement, returned into court with a verdict of not guilty.
Smith was then discharged.
1 Evening News, (Sydney, NSW), Thu 3 Mar 1904, p. 3.
2 SRNSW: NRS880, [9/7076], Supreme Court, Papers and depositions, Maitland, 1904, No. 99. Emphasis added.
3 SRNSW: NRS7524, [2/6431], Judiciary, W Owen, J. Notebooks Criminal Causes, 1897-1906, pp. 9-11. Emphasis added.
4 Recorded elsewhere in depositions as Triggs. In fact, here it looks more like Higgs.
5 The Maitland Daily Mercury, Wed 6 Apr 1904, p. 5. Emphasis added.
6 The Maitland Weekly Mercury, Sat 9 Apr 1904, p. 5.